Overview on slip and falls.

A question we often hear as attorneys in East Idaho from someone who fell in a supermarket or store and hurt themselves is they want to know if they have a case for damages.

Fall injuries can be serious, but proving liability can be challenging. Puddles, spills, and floor hazards might be caused by negligence, but it is not enough that one tripped, fell, and got hurt. To show the store was at fault the store must have caused the dangerous condition.
Here in Idaho Falls and Pocatello, it’s our job as attorneys to evaluate whether we believe that we can help someone hurt in a fall to recover compensation. Following are some of the important slip and fall points that we look for in evaluating premises liability.

Negligence of a Supermarket or Retail Store
A grocery store will generally not be liable to a customer for injuries suffered in a slip and fall on the store premises if:

the premises where the fall occurred were not unreasonably dangerous.

the store did not have any reason to know of the hazardous condition.

the store used reasonable care to protect customers from injury.

the customer’s own negligence was the major cause of his or her injuries.


In other words, a supermarket has to keep its floors, aisles, displays, and merchandise in reasonably safe condition so that they are unlikely to injure customers. Conditions become unreasonably dangerous when they are left unattended for substantial periods of time. Examples are a spill or puddle that gets missed and left on the floor. A patch of ice that is not removed from an entryway. A carton or display extending into an aisle below eye level. If the store should have known about such conditions—or if employees created them—the store may be liable for injury.

What will a criminal attorney do?

Attorneys are human beings just like the rest.  Criminal lawyers are not miracle workers, but they will do the best they can for you. No matter what, a person faced with a criminal charge has certain facts, both good and bad in their case.  Some facts will be difficult.  For instance, if you ran from the cops, got out and tried to fight them, we are probably going to have a difficult case on our hands.

Many people expect their criminal lawyer to come in to their case, find some fatal flaw, expose some witness on the stand, and get a not guilty verdict. Most the time it does not work like this.  In fact, normally the person charged just wants to get a fair resolution and move on with their lives.  This happens because in real life people talk to the cops, people get caught red handed, people consent to the search of their vehicles and homes. While we have rights, cops know what those limits are.

What a good criminal lawyer will do for you is uncover every rock and investigate every nook and cranny to see if any issues are out there that will help your case. If that works, then that’s great. If it doesn’t, then they start working hard to get the best deal possible for you. Our job is to do our best for you, get you the best outcome, keep you out of jail, and allow you to lead a productive and fruitful life.

There are no guarantees in criminal defense. There is no guarantee the prosecutor assigned to your case will be open to discussing the case with you. There is no guarantee the officer that stopped you is going to make a mistake. And there is no guarantee that your attorney is going to be able to get your case dismissed. To think otherwise just isn’t smart.

If you ever need a criminal attorney, get someone that will work hard for you, that will interview the people that need to be interviewed, and will push the prosecutor to understand the weaknesses in your case. A good attorney will keep in mind that you want to get a quick resolution, but will focus on issues that will get you a good resolution, even if it means taking more time.  Sometimes a good resolution takes time, and investing that time is important. You get that, and you’re probably getting the best outcome possible.

When can a police officer stop your car?

As a criminal defense lawyer in Idaho Falls and Pocatello, people will ask me when can a police officer stop my car? The truth is while it may not take much, a police officer can not stop you for just any reason.
The general rule is that if a police officer must have at least a reasonable articulable suspicion that criminal activity is afoot. This rule is derived from a United States Supreme Court case, Terry v. Ohio. Consequently, this type of stop has come to be known as a Terry Stop.

A police officer is not allowed to rely solely on an unjutified suspicion. The United States Supreme Court has said exactly that; a law enforcement officer cannot rely solely on a gut feeling, or mere suspicion. A police officer is not allowed to do what you and I do every day. In order to be justified in stopping a vehicle, and detaining the person in that vehicle, he must have a reasonable and articulable suspicion.

A common example of this is weaving within a lane. Many times officers use this as a basis for stopping a vehicle. However, there are many times where the weaving within a lane is not significant enough to amount to a reasonable articulable suspicion that the driver was drunk or inattentive. Slight deviations within a lane are to be expected, and so the weaving would have to be substantial enough to amount to reasonable articulable suspicion that the person was drunk or was inattentive in his driving, since the activity of weaving itself is not illegal. Sometimes the specific facts are not instances of illegal conduct themselves, however they may lead an officer to infer that criminal activity has occurred, or is about to occur.

If an officer stops you and it is found he does not have an atriculable suspicion to do so, evidence from his stop will be supressed in court. The only time this will come up is if you have been charged with some wrongdoing and have evidence that needs to be suppressed. If you have questions about a situation you have been in, feel free to give us a call. http://www.eastidahoattorney.com/

Police patrols in Idaho Falls, Pocatello, Island Park and Driggs.

Just a wish for everyone to have happy holidays.  It's important to keep in mind that during the holidays and ski seasons, cops and police officers put extra patrols out to try and ensure everone stays safe.  With difficult weather on the way, there is a higher risk for car accidents, injuries and a higher chance of being stopped by the police.  While it is a good thing to have police on the road, it also puts everyone at more risk for traffic tickets, injuries, and possible criminal charges.  Remember to stay safe.

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Provider Fraud and Medicaid Fraud in Idaho.

We just finished a Provider Fraud Case in Bannock County, Pocatello last week.  Had a social worker who worked for a private company.  She submitted false progress notes to her employer who paid her and then sent the form to medicaid to get reimbursed.  State wanted to say she defrauded medicaid by "knowingly, with intent to defraud...presented" a claim to medicaid for payment.  We argued she could have been charged for a crime by sumbitting a false claim to her employer, but it was not possible for her to defraud medicaid as she did not, could not and did not ask medicaid to pay her anything.
After three days of trial, the jury, after two hours of deliberation agreed she could not have committed Medicaid fraud and acquited.

Ticket, Criminal Charge around Idaho Falls. Counties and Cities in East Idaho

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A traffic ticket or criminal charge around Idaho Falls can occur in many other counties and require defense in many other cities.  Idaho Falls is the largest city in East Idaho which is in Bonneville County.  The following counties are in the 7th district of Idaho which are close to Idaho Falls.
Bingham County-Blackfoot, Jefferson County-Rigby, Madison County-Rexburg, Teton County-Driggs, Fremont County-St. Anthony.
If you need help in any of these counties with a traffic ticket, criminal charge, or an accident or injury, give us a call for a free consultation.

Injured in a Car Accident? What should I Do?

Questions? Contact us at http://www.eastidahoattorney.com/


1. Exchange information with the other party. License, registration and insurance information. If you do not you can face criminal penalties for hit and run.
2. You may want to call the police. If the police show up it is good to explain what you remember from the accident. But, you aren't required to speak to a police officer. If you risk saying anything that could incriminate you it is wise to keep silent and "request and attorney".
3. If there are any witnesses, get their information and any statements.
4. Get any pictures. Take out your camera phone and take pictures if you need to for use later.
5. Inform your insurance company. Your insurance company has some duties to you and the sooner you inform them, the easier it will be for them to follow your claim
6. Be very careful with the other driver's insurance company. An insurance company has no reason to try to maximize your claim. Their goal is to help their insured and often they will try to pay as little as they can.
7. Get any necessary medical treatment and keep track of all treatments you have had.
8. It is best to talk to an attorney. Most attorneys for injury claims will meet you without a fee. Insurance companies are very skilled in finding ways to pay as little as possible. But importantly, it is better to get advice, even if an attorney isn't ultimately needed.